‘Tis The Season For ADA And FMLA Accommodations

Employers have been dealing with requests for accommodation for decades; requests which run the gamut from leaves of absence of varying durations to changes in duties, hours and work location, to myriad other changes big and small. The Family and Medical Leave Act, 29 U.S.C. §2601, et seq., was originally passed in 1993, 23 years ago, and generally speaking, requires an employer to provide eligible employees with 12 weeks of job-protected leave for reasons including, but not limited to, the birth/adoption/foster care of a child, because of the employee’s own serious health condition, or to provide care for a child, spouse or parent with a serious health condition.

The Americans with Disabilities Act, 29 U.S.C. §12101, et seq., was passed even earlier in 1990, and requires employers to provide a host of accommodations to employees with disabling medical conditions so that these employees can perform the essential functions of their jobs and enjoy the benefits and privileges of employment.

Part 1 of this article series discusses the issue of notice; understanding when an employee has provided enough Melissa Bergman Squire Linda B. Dwoskin information to trigger an employer’s additional responsibilities under the FMLA and ADA.

Part 2 of this article series addresses issues of communication and the exchange of information, including how to ensure an effective interactive process.

Part 3 of this article series concludes with a discussion of reasonable accommodations; that is, understanding how far an employer must go in granting a variety of accommodations. This part will also provide practical guidance, suggesting proactive steps an employer should take to mitigate legal risk in this area.